Understanding Compliance Violations, Governing Documents, and Homeowner Appeals
Homeowner and Condominium Associations play a crucial role in maintaining community standards, preserving property values, and ensuring a safe, well-maintained, and harmonious environment. A key part of this responsibility is enforcing the community’s governing documents. Homeowners should familiarize themselves with these documents to ensure compliance and understand their rights and responsibilities within the community.
How Governing Documents Work
Every community Association is governed by a set of documents that establish the legal and operational framework for the community. These documents outline maintenance responsibilities, aesthetic guidelines, and rules for the use of common areas. The primary governing documents include:
• Articles of Incorporation: Establish the legal existence of the Association as a corporation,
• Bylaws: Define the internal structure of the Association, including Board responsibilities, voting rights, and meeting procedures,
• Declaration (also referred to as the CC&Rs): Outline property use restrictions, maintenance responsibilities, and the rights and obligations of Homeowners and the Association, and
• Rules and Regulations: Provide additional guidelines on topics such as parking, landscaping, noise restrictions, and exterior modifications.
Understanding these documents is essential for Homeowners, as they provide clarity on community expectations and help prevent misunderstandings and disputes.
Compliance Enforcement
Compliance enforcement ensures that all Homeowners adhere to the community’s governing documents. The process typically follows these steps:
- Identification of Violation: The Association may become aware of a violation through routine inspections, Homeowner complaints, or third-party reports,
- Notification: The Homeowner receives a written notice detailing the violation and the corrective action needed to bring the property into compliance,
- Opportunity to Correct: The notice includes a deadline for the Homeowner to address the violation,
- Fines, Hearing or Other Action: If the issue remains unresolved, the Association may impose fines, schedule a hearing or take other action, as permitted by the governing documents.
Understanding the Appeals Process
Homeowners have the right to appeal compliance enforcement actions if they believe a violation notice was issued in error or if they have extenuating circumstances. The appeals process generally includes:
- Submitting an Appeal Request: Homeowners must submit an appeal in writing within the timeframe specified in the compliance notice,
- Attending an Appeal Hearing: The Homeowner may present evidence and reasoning to a designated Board or committee, and
- Final Decision: The Board reviews the appeal and issues a decision, which is typically final and binding.
The Value of Understanding Governing Documents
By understanding and adhering to governing documents, Homeowners can avoid compliance violations and potential fines. They can actively participate in community governance and decision-making processes, ensuring their voices are heard. A well-informed Homeowner base fosters a cooperative and harmonious living environment where all residents contribute to maintaining the community’s standards. Additionally, compliance with governing documents helps protect property values, ensuring that the neighborhood remains attractive and well-maintained.
Homeowners are encouraged to review their community’s governing documents regularly to stay informed of their rights and obligations. These documents are available through Trestle’s My-Community Web Portal, or Homeowners may contact their Community Association Manager for assistance.
Connecting with Trestle
Trestle regularly shares updates and community guidance on LinkedIn and Facebook. For further assistance, Homeowners can reach out via Trestle’s website or call (425) 454-6404.
By working together and staying informed, Homeowners and Associations can maintain a well-managed, attractive, and enjoyable community for all residents.
